How the Commission decides your request
The Commission for the Control of INTERPOL's Files decides whether data about you may stay in the organisation's files. Here is how a request moves through it — and what can still be done after.
The body
What the Commission is, and why it is not a court
The Commission is an independent body within INTERPOL's structure, based in Lyon. Its members are lawyers and specialists in data protection and international police cooperation.
Its decisions are final and binding on the organisation. When it finds that data breaches the rules, the data is deleted.
Why it is not a court
It does not decide whether you are guilty. It decides whether the data about you complies with INTERPOL's rules.
The procedure is written: no hearing, no witnesses, no oral pleading. Everything the Commission weighs is on paper.
Before the merits
Conditions of admissibility
A request that fails these is not examined on the merits. Time is lost before the real argument starts.
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01
Who files
The person concerned, or a representative with a power of attorney.
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02
Form
In writing, signed, in Arabic, English, French or Spanish.
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03
Identity
A copy of an identity document of the person concerned.
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04
Purpose
A clear statement: access, correction or deletion — and the reasons for it.
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05
Supporting documents
The material the request relies on, translated where needed.
Next step
A complete file moves faster than one that needs documents added later.
Real timelines
Sessions and real timelines
The Commission decides in sessions held several times a year. A request has to be ready for the session it is filed into.
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1
Filing
The request and its documents are sent to the Commission.
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2
Admissibility
The conditions above are checked. The time limits run from this point.
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3
Consultation
The country that provided the data is consulted. Arguments are exchanged.
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4
Decision
Taken in session and notified in writing, with reasons.
Access request
Four months
The time limit for a request to know what data is held, counted from admissibility.
Correction or deletion
Nine months
The time limit for a request to correct or delete data, counted from admissibility. It can be extended in complex cases.
When time is short
Provisional measures when arrest is a risk
If the risk of arrest or extradition is immediate, the Commission can be asked to take provisional measures while it examines the request.
They are exceptional. They have to be justified with concrete facts, not with fear in general:
- a pending extradition hearing or a detention;
- travel that cannot be avoided, with dates;
- a decision by another country that is about to be taken.
If any of these applies, tell me at the first contact. It changes the order of the work.
Article 42
Revision under Article 42
A decision can be revised only on the basis of facts discovered after it was taken — and only within six months of their discovery.
The fact has to be capable of changing the outcome. A court ruling, a grant of asylum or a closed case abroad are typical examples.
The outcome
What the decision contains
- Whether the data complies with INTERPOL's rules.
- If not, what is to be deleted or corrected — which the organisation must carry out.
- The reasons, including which of your arguments were accepted.
The decision is notified to you or your lawyer, and to the country that provided the data.
If it orders deletion, the next step is making sure national databases follow. What deletion changes in practice.
After a refusal
What to do after a refusal
A refusal closes this request. It does not close every route.
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01
Look for new facts
Anything discovered after the decision may open a revision — within six months of its discovery.
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02
Defend at national level
Extradition courts and asylum authorities assess the case on their own. The Commission's view does not bind them.
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03
Return when the case changes
An acquittal, an amnesty, an expired limitation period or a refused extradition can become a new ground.
Your attorney
Who handles your case
Dmytro Konovalenko
- Status
- Attorney-at-law
- Bar Certificate
- No. 001156
- Membership
- International Bar Association
- Focus
- Requests from post-Soviet states
More than five years defending against Red Notices and extradition requests. You work with me directly, from the first assessment to the decision.
Full professional backgroundIs there a hearing?
No. The procedure is written. The file you submit is the whole of your case.
Can I file myself, without a lawyer?
Yes. Many requests fail at admissibility or on the merits because the argument is not built on the organisation's rules — that is the part a lawyer adds.
Can the Commission's decision be appealed?
No. Its decisions are final. Revision is possible only on facts discovered after the decision, within six months of their discovery.
Does a deletion decision end the criminal case at home?
No. It concerns INTERPOL's files only. The national case continues unless it is closed under that country's law.
How long does the whole procedure take?
Several months in most cases. The rules set four months for access and nine months for deletion, counted from admissibility, and both can be extended.